Marriage and Civil Partnership (Scotland) Act 2014
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| Long title | An Act of the Scottish Parliament to make provision for the marriage of persons of the same sex; to make further provision as to the persons who may solemnise marriage and as to marriage procedure and the places at which civil marriages may be solemnised; to make provision for the registration of civil partnerships by celebrants of religious or belief bodies; to make provision about gender change by married persons and civil partners; to make a minor correction in relation to registration information; and for connected purposes. |
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| Citation | asp 5 |
| Introduced by | Alex Neil |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 12 March 2014 |
| Commencement | SS 34–37 inclusive - 13 March 2014 |
| Other legislation | |
| Relates to |
Marriage (Scotland) Act 1977 Civil Partnership Act 2004 |
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Status: Current legislation
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| History of passage through Parliament | |
| Text of statute as originally enacted | |
The Marriage and Civil Partnership (Scotland) Act 2014 (asp 5) is an Act of the Scottish Parliament which allows same-sex couples to marry in Scotland since 16 December 2014.
The bill was introduced to the Scottish Parliament on 26 June 2013 by Alex Neil MSP, the Cabinet Secretary for Health and Wellbeing. The bill passed Stage 3 on 4 February 2014. It received Royal Assent on 12 March 2014.
The Act does not contain provisions to allow existing civil partnerships registered in Scotland to be converted into marriage, but includes provision for its later introduction into law; it will permit those already in civil partnership with one another to marry without first dissolving the mutual civil partnership.
As marriage is neither reserved nor excepted to the Parliament of the United Kingdom, the Scottish Parliament has legislative competence to make changes to marriage law.
In January 2009, a petition was drawn up by Nick Henderson, director of gay rights group the LGBT Network, to be submitted to the Scottish Parliament. The petition called for a change to the law that disallows two people of the same sex from getting married, by amending the Marriage (Scotland) Act 1977. The petition also called for allowing same-sex marriage ceremonies to be performed by faith groups, but only if the religious institution gives consent. As well as political support from the Leader of the Labour Party in the European Parliament, Glenis Willmott MEP and veteran gay rights activist Michael Cashman MEP, the petition has drawn the signatures and support of Celia Kitzinger and Sue Wilkinson and of eight church leaders, both Episcopalian and Church of Scotland. The Very Reverend Kelvin Holdsworth, Provost of the Scottish Episcopal St Mary's Cathedral in Glasgow, has often spoken of his willingness and desire to perform valid same sex marriages in his church, and is a key supporter of the petition. It also attracted high-profile support from Labour MSP George Foulkes. The petition closed on 6 March, having gathered 1007 signatures.
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